Paid Parental Leave Act - Australia

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PPL period:

      (a) starts on the maximum PPL period start day; and

      (b) ends on:

      (i) if the Secretary is satisfied that the secondary claimant was or will be eligible on each day in the child’s maximum PPL period — the child’s maximum PPL period end day; or

      (ii) if the Secretary is satisfied that the secondary claimant was or will be eligible for a period that is shorter than the child’s maximum PPL period — the last day in the child’s maximum PPL period that the Secretary is satisfied that the secondary claimant was or will be eligible.

      When parental leave pay is not payable to secondary claimant

      (6) The Secretary must determine that parental leave pay is not payable to the secondary claimant if the Secretary is not satisfied of the matters in subsection (3).

      16 Determination on a secondary claim made after the primary claim

      When a claim is to be determined under this section

      (1) If:

      (a) a primary claimant makes an effective primary claim for parental leave pay for a child; and

      (b) a secondary claimant makes an effective secondary claim for parental leave pay for the child at a later time;

      the Secretary must make a determination on the secondary claim under this section.

      (2) However, the Secretary cannot make a determination on the secondary claim under this section until the Secretary has first made a determination on the primary claim.

      When parental leave pay is payable to secondary claimant

      (3) The Secretary must determine that parental leave pay is payable to the secondary claimant for the secondary claimant’s PPL period if, when making the determination, the Secretary is satisfied that:

      (a) a determination under section 13 or 14 that parental leave pay is payable to the primary claimant was or will be in force on the day before the start of the secondary claimant’s PPL period; and

      (b) the secondary claimant was or will be eligible for parental leave pay for the child on each day in the secondary claimant’s PPL period.

      Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3.

      Secondary claimant’s PPL period

      (4) The Secretary must specify in the determination under subsection (3) that the secondary claimant’s PPL period:

      (a) starts on the first day after the primary claimant’s PPL period ends; and

      (b) ends on:

      (i) if the Secretary is satisfied that the secondary claimant was or will be eligible on each day that remains in the child’s maximum PPL period — the child’s maximum PPL period end day; or

      (ii) otherwise — the last day in the child’s maximum PPL period that the Secretary is satisfied the secondary claimant was or will be eligible.

      When parental leave pay is not payable to secondary claimant

      (5) The Secretary must determine that parental leave pay is not payable to the secondary claimant if the Secretary is not satisfied of the matters in subsection (3).

      17 Determination on a tertiary claim

      When a tertiary claim is to be determined under this section

      (1) If a tertiary claimant makes an effective tertiary claim for parental leave pay for a child, the Secretary must make a determination on the tertiary claim under this section.

      When parental leave pay is payable to tertiary claimant

      (2) The Secretary must determine that parental leave pay is payable to the tertiary claimant for the tertiary claimant’s PPL period if, when making the determination, the Secretary is satisfied that:

      (a) a determination under section 14, 15 or 16 that parental leave pay is payable to the secondary claimant was or will be in force on the day before the start of the tertiary claimant’s PPL period; and

      (b) the tertiary claimant was or will be eligible for parental leave pay on each day in the tertiary claimant’s PPL period.

      Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3.

      Tertiary claimant’s PPL period

      (3) The Secretary must specify in the determination under subsection (2) that the tertiary claimant’s PPL period:

      (a) starts on the first day after the secondary claimant’s PPL period ends; and

      (b) ends on:

      (i) if the Secretary is satisfied that the tertiary claimant was or will be eligible on each day that remains in the child’s maximum PPL period — the child’s maximum PPL period end day; or

      (ii) otherwise — the last day in the child’s maximum PPL period that the Secretary is satisfied the tertiary claimant was or will be eligible.

      When parental leave pay is not payable to tertiary claimant

      (4) The Secretary must determine that parental leave pay is not payable to the tertiary claimant if the Secretary is not satisfied of the matters in subsection (2).

      Division 3—When the Secretary cannot make a determination that parental leave pay is payable

      18 The child’s birth has not been verified

      (1) The Secretary must not make a payability determination that parental leave pay is payable to a person for a child unless the primary claimant has verified the child’s birth.

      Verifying a child’s birth

      (2) A person verifies a child’s birth if:

      (a) the person gives the Secretary a completed birth verification form for the child; and

      (b) if subsection (3) applies to the person, the person satisfies the requirement of that subsection.

      (3) If:

      (a) the person is the parent (other than an adoptive parent) of the child; and

      (b) the child is not stillborn; and

      (c) the person is, under a law of a State or a Territory, responsible (whether alone or jointly) for registering the birth of the child under the law;

      then the person must give the Secretary information showing that:

      (d) the child’s birth has been registered under the law; or

      (e) the person has applied to have the birth of the child registered under the law.

      (4) The Secretary may approve a form (a birth verification form) for the purposes of verifying the birth of a child.

      19 The child was born before 1 January 2011

      The Secretary must not make a payability determination that parental leave pay is payable to a person for a child if the child was born before 1 January 2011.

      20 Multiple births

      The Secretary must not make a payability determination that parental leave pay is payable to a person for a child if:

      (a) the child and another child are born during the same multiple birth; and

      (b) parental leave pay is or was payable to the person or another person for the other child.

      21 The person etc. has already been paid parental leave pay

      (1) The Secretary must not make a payability determination that parental leave pay is payable to a person for a child if:

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